Ok this has to be one of the most common questions I get asked by everyone on this blog and is also in many of the comments I see so I thought it important to cover.
Now there are many issues with transferring and depending on the visa you want to transfer to there are different qualifying criteria so it is important to be aware of those. I will cover this topic more in depth for specific visa classifications, particular cases like the F1 Student, J1 or H1B/E3 work visas as they tend to be the most common that people want to transfer too while still in the country.
A change of status is not automatically granted even if you qualify and the USCIS will also determine on your unique case how long to extend your visa period for even if it is granted. It is all very arbitrary sometimes but generally you will be successful if they deem your intentions to be genuine and you have not done anything wrong under your current status.
You should not that there are certain visa categories you cannot transfer from while in the US so you have no choice under these visas to leave the US to apply for a new visa.
This includes;
– C Visa (aliens in transit)
– D Visa (usually for flight/ship staff, etc.)
– K1/K2 (fiancee visa and dependent of fiancee)
– S Visa (witness or informant)
– TWOV (transit without visa)
– Tourist under waiver program classified when you receive GREEN I-94W form when you enter US
Also; to note;
– J1 visa can’t transfer/extend if they are subject to the 2 year residency rule (unless they have followed the long government channels to get this condition revoked)
– M1 vocational visa can’t transfer to F1 student visa. They also can’t transfer to H visa category where the training helped them qualify for the H visa. ( the M visa is used for things like pilot training, etc.)
Essentially there are some other basic requirements you must meet to also change your status such as;
– Have entered the US legally
– Not have done anything in the US to immediately disqualify you from consideration
– No factor requiring you to leave the US prior to re-entry and admission under your new status (often determined by USCIS)
– You have submitted your application prior to the expiration date recorded on your I-94 form given to you and stamped/dated when you entered the US (usually stapled inside you passport near you current visa)
NB: Your passport must be valid for your entire stay of applied period for your new visa
TO BEGIN TRANSFER
You have to file form I-129 to the USCIS for the categories below and this approval for the change of status has to be approved before you can begin peforming the activities under your new non-immigrant visa category.
If you have a spouse/dependents they need to file form I-539 to change their status. It is a good idea if this is your case to file all together so they are judged at the same time. All dependents can be filed on the same I-539 form.
The is the list requiring the I-129 form filing:
E1/E2 (Treaty Traders and Investors)
E3 (Australian temporary worker)
H1B/H2A/H2B/H3 (Temporary Workers)
L1A/L1B (Intracompany Transferee)
O1/O2 (Aliens with Extraordinary Ability)
P1/P2/P3 (Athletes & Entertainers)
Q1 (International Cultural Exchange)
R1 (Religious Workers)
TN1/TN-2 (Canadians & Mexicans covered under the North American Free Trade Agreement (NAFTA))
To qualify for the visa categories below you have to file form I-539.
A (Diplomatic & Other Government Officials, Immediate Family members, Employees)
B1/B2 (Visitors for Business or Pleasure)
E (Treaty Traders & Investors Dependents Only)
F (Academic Students & Dependents)
G (Foreign Government Officials & Certain Immediate Family Members)
H4 (Temporary Worker Dependents Only)
K3/K4 (Spouse of U.S. Citizen & Minor Child Accompanying)
L2 (Intracompany Transferee Dependents Only)
M (Vocational & Language Students and Dependents)
N (Parents & Children of Certain People Who Have Been Granted Special Immigrant Status)
NATO (NATO Representatives, Officials, Employees, and Immediate Family Members)
O3 (Aliens with Extraordinary Ability Dependents Only)
P4 (Athletes and Entertainer Dependents Only)
R2 (Religious Worker Dependents Only)
TD (TN Dependents Only)
It is recommended by the USCIS to file about 60 days prior to your date on your I-94 expiring. You can still stay in the US while your case is pending even if this is beyond your expiration date on your I-94. However during this time you will be considered not under any non-immigrant status and not be able to perform any activities (i.e. study, work. etc.) until your case is approved.
To check the status of your case, you will be mailed a receipt with a number on it which you can input on the uscis.gov website to see what is happening with your application. There is a part on the website regarding how long each of the various centers take to process these applications but generally if everything is in order it can often be done in less than a few weeks.
For students there is usually some sort of early inital approval you can receive so you can begin studies at the start of a semester.
In your application you will send your current I-94 form and be mailed a new one with a new date if you are approved under your new status. If you are denied you immediately considered ‘out of status’ and legally are required to leave … although many of course decide now to illegally stay longer.
It can always be good (and at time frustrating but necessary 🙂 ) to call the USCIS in these situation so there number if you are calling within the US is 1800-375-5283
I hope this helped provide information helpful to you and let me know if you want to cover other general parts of the process.
CJ
Wow, this is a great post. i have seen this question a few times but this is a great answer. Thanks!
Rory thanks for the complement. I left your link in your name but removed your URL b/c there is no way we will garner backlinks to sites that are designed to exploit people by charging them to enter the Green Card Lottery. Your site and then the affiliate link from your site to the next site is profiting from unsuspecting foreigners who may not realize the Green Card Lottery is completely FREE
I just changed from an F-1 (during my OPT period) to an E-3 visa. I filed the I-129 and have since received the receipt notice, and just received the I-797A, Notice of Action. Are there any other steps to complete the Status change from F-1 to E-3 with the USCIS or is that it? I have the I-94 at the bottom stating I’m in the class E-3, so I figure the status has been changed, but I could be wrong. I was always under the assumption that I had to apply for the work visa, get approved then apply for the change of status, but it seems as though they did it all for me at the Vermont Service Center with the one form I-129.
Hi Donovan,
You seem to have followed the transfer process perfectly. If you transfer status in technical terms you don’t have a visa just transferred to a different status where you can operate under the conditions afforded that category. A visa can only be issued outside the US and you will need to do that if you leave the country for any reason as the current change of status you have to E3 from your F-1 visa only applies for your continuous stay in the US.
An E-3 visa will be needed to re-enter the US so if you go somewhere on holiday, make sure you leave enough time to apply for an E-3 visa for your return.
Well Done!
CJ
Hi, thanks for the great post!
I am here on B1 visa now (until Sept. 23) looking for a job. Should I apply for an extension of my stay or can I apply for a change to H1B visa? I assume I need a sponsoring employer for doing this (changing to H1B). Am I right?
Thank you
Hi Miroslav,
Yes you do need the H1B sponsor and apporved petition before you can transfer to an H1b visa from the B1 visa.
So if you do need more time and you are able, the extension of stay would be your best option.
Good Luck,
CJ
Great forum, I’ve been researching all this stuff for days now and wish I’d found you first! I’m here on the Visa Waiver Programme and have been offered a great job. I qualify under the E-3 criteria so did the research and started to get organised to have my interview in Vancouver. Have just been informed that Canada counts as part of my original 90 days on the VWP (?) and I’d have to leave North America to find a consulate to apply at. Is that right? No-one at USCIS, DHS or the DOL where I’m lodging the required Labor Condition Application can tell me whether that’s correct but the U.S Consulate in Sydney has said it is – very confused, not sure what to do next, any advice appreciated.
Hi Andi,
Thanks for the complement and congratulations on finding a role.
Yes that is correct in the sense that the US sees the North American continent (i.e. US, Canada and Mexoco) as part of that 90 days. Their rationale being that to stop people crossing the border to Canada for a day and coming back to US and starting their 90 days waiver again. So you may have to your E3 visa application at another US consulate beyond North American shores if you are near that 90 days.
Good Luck,
CJ
Hi,
I am an Australian citizen planning to go the US on a B2 visa and search for a job. If I travel to the US on a B2 visa, can I transfer the visa from B2 to E3 once I find a job while I am in the US. Please advise.
Thanks,
Raj
Hi Raj,
You can certainly transfer from the B2 visa to the E3 visa but often it ends up being easier leaving the US to say Canada and doing a new visa there in terms of speed.
Good Luck,
CJ
Admin,
Thanks for your reply. If I transfer my visa from B2 to E3 while I am in the US can I travel overseas. My intention is to go to the US on a B2 visa and search for a job. Once I find a job apply for a transfer from B2 to E3 in the US and come back to Australia to submit my resignation for my current job in Australia. Please advise if this can be done. Thanks.
Admin,
Can we apply from E3 to GreenCard? I have searched many websites for this information, none of them seemed to have relevant detail.
Can you please let me know, if this is a possibility? or Should the E3 be transferred to H1B to process for a GreenCard. Can you please state the Pro’s & Con’s while doing this?
Thanks for all your HELP !!!
Hi Raj,
Yes you can apply for a green card on E3 Visa status. While the E3 Visa is not a dual intent visa that explicitly allows the pursuit of permanent status in the US while on the non-immigrant visa, it does state that an application for permanent status can not automatically exclude you from the E-3 visa. Many people have got a Green card via the E-3 visa.
https://visacoach.org/2009/04/14/how-to-apply-for-a-green-card-under-eb-3-eb-2-category-most-common-for-h-1b-and-e-3-visa-holders/
Of course it is still your company that must initiate the process on your behalf.
Good Luck,
CJ
This is a little embarrassing but I was caught urinating in public earlier this year and plead guilty to warrant a smaller fine.
Is this the kind of thing I would be denied an e-3 for?
It is the only blight on my time here and I sincerely hope that it won’t be a problem
Give it to me straight!
Hi Embarassed,
So I assume this happened within the US. If it is an actual arrest that is noted you wil have to mention it on an application. It is always possible that they could deny you a visa based on this but more likely i am guessing they will ask you about it and warn you not to do it again in your US Consulate interview given it seems harmless enough and more just stupidity.
Good Luck,
CJ
Hi,
I was considering entering the US on a J1 professional pilot program visa. What would be the best way for me to continue working as a pilot in the US after training? I realise I may have to leave the country first, then reapply, however, does being a pilot with a FAA ATPL licence qualify as a specialty occupation in the US, and thus an E3 visa? Also, would I be eligible for an exclusion on the two year return to country rule? Thank you very much.
Regards
Jimi
Hi Jimi,
A pilot would most like qualify as a specialty occupation under the E3 visa but of course the licensing you describe and security background checks are a big part of US aviation. If you were on the PCT program of the J1 visa, you would have to apply for the 2 year rule waiver (https://visacoach.org/2009/12/23/j1-visa-2-year-residency-rule-waiver/). You are certainly eligible to apply for it but whether it actually gets approved and how long the entire process takes is very arbitrary.
The best way would be via and E3 visa or an H1B visa but ensuring that you have all the relavent licensing and security checks covered will definitely be of help to you.
CJ
Hi,
I know that the H1-B has a maximum duration of 6 years before you’re required to leave the US for a year then reapply for another H1-B.
So say, if I started out with a H1-B for a few years, then change my status to E-3 for a few years, and later switched back to H1-B. Will only the years I spent on the 2nd H1-B count towards the max duration or will the years from my 1st H1-B count as well?
(For simplicity purpose, let’s assume I did all the adjustments of status with the USCIS inside the U.S., never apply for new visas except the initial H1-B)
Hi Cal,
In theory you are correct that if you transferred to an E3 visa and then went back to an H1B 2 years later you would be fine. However unless you are an Australian you are not eligible for the E3 visa and because Australians are eligible for the E3 visa they don’t tend to use the H1B visa much so the type of situation you describe may have never been tested in practice. Also the E3 visa is renewable indefinitely.
CJ
Thank you, I’m an Australian Citizen, but some places don’t want to sponsor E-3 because they’re more comfortable with H1-B and are afraid that things can get more complicated. It sounds like it’s possible to apply for Employment Based Permanent Residency while on E-3, but it’s probably safer to switch back to H1-B before applying.
Hi Cale,
I definitely understand the slightly safer argument for Permanent Residency via the H1B visa if your employer is willing to file on your behalf but I don’t understand the complicated part. The E3 visa is so much simpler, cheaper and can be filed at any time of the year, work period starts immediately instead of October 1 and has no quota restrictions so your company is obviously less versed with US Immigration than they probably should be.
Good Luck,
CJ
Hi I am just posting a question that was not answered earlier bysome one else I seem to be in same situation and will be obliged if you answer.
If I transfer my visa from B2 to E3 while I am in the US can I travel overseas. My intention is to go to the US on a B2 visa and search for a job. Once I find a job apply for a transfer from B2 to E3 in the US and come back to Australia to submit my resignation for my current job in Australia. Please advise if this can be done. Thanks.
Hi Viewer,
That question in answered repeatedly on this site in many areas and in the comments. If a person transfers to any visa within the US and then leaves the country, they must attend a US consulate or embassy interview before returning to get the new visa stamp in their passport to be allowed back in under that status. So you will have to attend an E3 visa interview in Australia in your case.
CJ
Hi
I am currently in the US on a J1 intern/trainee visa. Is it possible to transfer to H1B status at a different company by filing a I-129? If I go down this route what are the chances of approval? My visa does not expire for another5months but if I file a I-129 and do not get approved then I have to leave the country immediately?
Thanks
Thanks for replying
in case of a change from b2 to e3 do you still get 2 year like normall e3
and can you extend it if it has not been stamped meaning say I change from
b2 to e3 and then the time period expires can I then renew it
Thanks again
Hi Phil,
Yes it is possible to transfer to the H1B visa by that filing. The chances of approval are great if both you and the role meet all the conditions. I assume the J1 trainee visa you are on does not have the 2 year home residency applied to it. If you apply for a transfer from the H1B visa to a J1 visa and get denied during that 5 month period, it is kind of a grey area. In theory though you should be fine to continue on your J1 visa till expiry as you are within the US on a current visa. Also note as at today May 1, 2010, there are plenty of H1B visas available in the annual quota.
Good Luck,
CJ
Hi Viewer,
It is up to the USCIS or US Consulate to determine the length of the visa or the change in status in your case. There is no reason why they wouldn’t grant the full 2 years if that seems to be the length of your position. You should note if you transfer within the US, if you leave the country at any time in that 2 years, you will need to apply for a new E3 visa at a US consulate to be able to return to the US as the transfer approval only allows you to remain in the US but is not an actual visa that allows to go in and out.
Good Luck,
CJ
Hi CJ,
Im on OPT right now in the U.S. but it expires on May 15 2010.. I have booked an appointment at the consulate in Costa Rica for May 24th, 2010. It seems straight forward until i found some posts/ articles that threw in conditions..
One said some visas (J1- Trainee programs i.e. internship or professional trainings) have a 2year home residency rule, as in i cant reapply for another visa without leaving the US for 2 years. Does this apply to FI- OPT also??
Until reading your article right now I didn’t realize i could transfer my visa within the US! but as it is about to expire i now have to leave for my E3 interview. (my LCA form was approved). Are there any problems applying for E3 after just having my OPT expire?
It is also hard to know how long to leave before i book my return flight to the US after the interview. Sites say 2-3 days if approved, do you know differently?
THANK YOU!!
Hi Holly,
The F1 visa does NOT have the 2 year home residency rule that the J1 visa Professional training has.
Yes you can transfer within the US but there are pros and cons of doing this. The biggest negative is that if you leave the country you will have to go to a US consulate anyway to get a new visa stamp in your passport as transferring within the country only is a status change allowing you to legally say but not a visa itself allowing to enter and leave the country.
You can generally transfer if the USCIS receives your application prior to the expiry date of your current status. On one of the other posts on here, someone actually has personal experience with the E3 visa application in Costa Rica, so it may be well worth finding and reading that post. Assuming all is straightforward in your job that processing time should be correct.
Good Luck,
CJ
i will finish my j1 visa this august and i found another agency that sponsor other j1 visa and company that wants to supervised me and host me, and it’s different training program is it possible for me to get another j visa im not under a 212 e 2 year rule as well.
what are the chances for me to get the j visa after my training.
please reply,
Hi Rafael,
Yes it is possible to get another J1 visa if you are not subject to the 212(e). The chances are good if you are in good standing and the position is legitimate as well as the sponsor company.
Cj
Hi mate, great effort in posting this information and assisting in answering the queries. I was getting a little confused about the J1 visa 2 year residency requirement. If i were to go on a J1 professional training program, can i convert to an E3 (I am an OZ) or to an H1B or to an F-1 after completion of the J1. From what i know J1 residency requirement is required only under 3 circumstances (sponsored by govt, if its medical or if the skill in in demand list for home country). There is another requirement for J1 Professional training which requires 2 year stay in the home country prior to re-applying for J1 Professional training again. So there are two 2 year residency requirements that i am looking at and its a little confusing.
Bottomline -can i change from a J1 Trainee visa to any other visa after finishing the J1 professional traineeship ?
Your help is appreciated.
Hey CJ
Thanks so much for the blog. I think alot of find immigration procedures tricky and you have certaintly made alot of it easier.
I am an Australian graduate and have been living in the US for 6 months (since Feb) on the A2 diplomatic visa. I came here to do an unpaid internship with the aussie government and they put me on this visa. Thing is, I finished my internship in mid may, the visa was cancelled and I have remained in the states for the last three months (not working of course, just enjoying the US).
Problem is that I am worried about transferring smoothly onto the E3 (I have a job offer here so that’s fine) because I haven’t had a proper visa status for the last three months. I haven’t been trying to overstay or anything dodgy…but I was led to believe I has this extended ‘grace’ period after my internship finished to tie up any loose ends and leave the country. My depature record and stamp stuck in my passport notes that I entered the US on the A2 visa and as for the “until” part it says “D/S” – suggesting that US immigration are more lenient with diplomatic visa exits?
So do you think it will be ok for me to get on the E3 from my current ‘non visa’ status (even though the depature record in my passport looks ok?)
All things good, I hope to get on the E3 in London next month (Sept)
Thanks so much and I look forward to your response 🙂
Hi CJ,
Well, I am grateful for everything you are doing here. I am sure you have heard a lot of this. Just wonderful. Anyway, here is my case, if I am rely on your consultation. I am here on B1 visitors visa, and am being offered a job on Archiving and Translation of scientific work in Marine Biology. However:
1. I have a degree in Economics and Enterprise Management and AA degree from US, so the job offered would not quite fit in with the job I am being applied.
2. The salary is based on a contract, so it does not have certain time frame,. I finish the job, I will get paid.
Would Department of Labor approve of the contract based employment? or would they insist on annual based salary?
Thanks in advance!
regards,
Jamshed
Hi CJ!
This site has been fantastic in showing me the different Visas and the processes of how to obtain them. Now, this question is very superficial because of my limited knowledge and ignorance with the specifics. But I’m an Aussie, and I have travelled to the US to study in the past. I was wondering if I could travel there on a tourist visa (so is that a B1???) and then apply for jobs there, if I’m lucky, attain one…and then apply for the H1B or E3???
Would switching a visa mean that I’d have to leave the country for a set period of time?
Could I only get a visa if the job applied for requires a particular skill or tertiary qualification (i.e. not being able to work in a retail store)?
Would the council debating my switch in visa see going over on a visitors visa as a pretense (because of the sudden change), possibly ruining my chance of acceptance?
Thank you so much for your time, and possibly repeating things again and again :/
Matt
Hi CJ,
Firstly let me say thank you for this blog, I have learnt more in one morning than in the last week of searching! But alas as we go deeper down the rabbit hole this begins to open a world of questions. Can you clarify the steps from J1 to Full E3 visa, so far i understand:
– File I-129 with I-94 included (what are the fees associated with this, either on behalf of employer or applicant?)
– Receive receipt in the mail
– Receive confirmation of change of status
– Leave country to get the E3 visa??? Do we need to start the E3 process separately or is it a matter of an interview ect? what is the process after the change of status?
Thank you very very much for your site, you are defending the internet from the constant bullshit misinformation attacks and scammers.
Hi I have a few questions! My friend is on the j1 intern visa and wants to now get the j1 trainee visa, she has a sponsor but is there a 2yr home residency rule? can this be waivered???
Also she had a company to sponsor her for the H1 3 year visa, but had a problem she has a standard 3yr batchelor degree from an irish university but was told than it is not the equilivent to an american degree as these standardly are 4 years…..is there a way around this???
Any help or advise would be great!!!
Thanks
Hi Elise,
Thanks for the kind words.
In your status you almost certainly would have to apply for the E3 visa outside the US and not be able to transfer within the US given your current non status. You should be fine doing it in London.
Cj
Hi Jamshed,
Thanks for your kind words.
Contract based employment is technically not allowed and you can run into grey areas if your degree and/or work experience does not match the role you will be doing. II may be beneficial on your ETA-9035 filing with the Department of Labor to just ensure that the role is described in such a way that it better matches your degrees/experience and your compensation total is apportioned so it meets the prevailing wage condition for your role.
Cj
Hi,
I’m in the US on a B2 tourist visa. I have a job offer and an appointment made at the US consulate in Ottawa to apply for my first-time E3 visa. In trawling the web for as much information as possible about the interview itself, I came across two posts (on this website) about Australians whose applications had been denied because it was their first time and they had been in the US on the 90 Visa Waiver. The staff there did not even consider their application and told them they would need to do it in Australia.
Can you offer me any advice on this? Why would they refuse it?
I’ve emailed the embassy and am awaiting a reply. This is another hurdle in what has been a frustrating process!!
Hi CJ,
Thank you again so so so much for this amazing compilation of information. It really is invaluable.
Just wondering if I still need to submit an ETA 9035 form before I submit my I-129 and apply for the change in status from a J1 to an E3.
Thank you,
Kisha
Hi Kisha,
Yes you need to submit ETA-9035 and receive and approved LCA prior to filing you I-129 with the USCIS.
Good Luck,
Cj
Hi CJ,
I am on the JI (one year) visa and want to transfer to the E3. I have heard numerous stories about not being able to transfer or apply in Canada. Do you know of people who have done this successfully recently?
Thanks so much
Hi CJ,
I am an Australian citizen working in the U.S. on an H1B visa (already extended once). My extended H1B status expires September 30, 2011. I have not applied for permanent residency/a green card. (thinking I’d only want that if I were to get married etc.).
However, the company would like me to stay on, and are offering to extend my position here. I am wondering if I can transfer from my H1B to the Australian E3 visa? Is it even possible? If so, what is the best way to do this? Can I do it from within the US, or do I travel outside to a foreign US consulate and apply for an E3 (as if from scratch?).
Do you have any other advice as to alternative options I may have?
Thanks,
Jason
hi every body please i need an advice please iam in usa via j-1 internship for 12months can i change my visa and how and when is the right time to begin the change process my visa will expire after 6months
thank you
Hi… I am in Seattle and wanting to get the E3 again. Can I go to the consulate in Vancouver to do the interview or do I need to go back to Australia? also do I need to apply for a new E3 or because I have had a previous E3, do I just extend the status or get a whole new one. It is a new job with a different employer. My husband has an O1 visa but is thinking he should get the E3D so that he can do other work outside of the film industry but wants to keep his O1 for film work. Is that possible?
thanks
Hi, I’m an Australian student on an F-1 visa going into my Final year of College and I have a couple years of work experience and Ive been programming since I was 12 and doing freelance work occasionally throughout the years. I have been recruited to a small tech start-up in NY and I would like to work full-time while finishing my final year part-time via correspondence. Do I stand a chance of changing my F1 to the E3 Visa?
Hi, I’m an Australian and I have lined up a job in the USA which would allow me to work on the E3 visa. However, the visa only lets you enter the US 10 days before starting work. Is it possible to have an E3 visa, and then apply for a B1 or B2 visa so that you could enter the country a couple weeks earlier to travel a bit, before switching to the E3 visa to start work?
The same goes at the end of the E3 visa, you are only allowed to stay in the US 10 days after work finishes. Is it possible to have a B1 or B2 visa to go onto to travel for a couple weeks afterwards, prior to leaving the country?
Thank you for your help!
Hi, I am currently on a J1 Visa and am looking to go on the E3 when my visa runs out in September. Are the above steps all I need to take ( just have my employer file ) without going home to Australia to interview. Please can you email me a reply or leave it here on the forum.
Thanks
Hi Angela,
Those steps are the ones you need to take if you transfer within the US but if you apply for a whole new E3 visa then read our E3 Visa Process post for full procedure.
Cj